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CAVELL v. SIALIANO

279 A.D.2d 599 (2001)

719 N.Y.S.2d 869

LOUIS CAVELL, Appellant, v. SALVATORE SIALIANO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 29, 2001.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly charged the jury that the standard of proof for establishing fraud is clear and convincing evidence (see, Simcuski v Saeli, 44 N.Y.2d 442; Rudman v Cowles Communications, 30 N.Y.2d 1). Furthermore, we perceive no reason to disturb the jury's determination, which was...

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